Bill Text: IL HB2460 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that if the defendant is arraigned on or after the effective date of the bill, and the court fails to advise the defendant before the acceptance of a plea of guilty, guilty but mentally ill, or nolo contendere to a misdemeanor or felony offense, that "if you are not a citizen of the United States, you are hereby advised that conviction of the offense for which you have been charged may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization under the laws of the United States," and the defendant shows that conviction of the offense to which the defendant pleaded guilty, guilty but mentally ill, or nolo contendere may have the consequences for the defendant of deportation, exclusion from admission to the United States, or denial of naturalization under the laws of the United States, the court, upon the defendant's motion, shall vacate the judgment and permit the defendant to withdraw the plea of guilty, guilty but mentally ill, or nolo contendere and enter a plea of not guilty.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2017-04-28 - Rule 19(a) / Re-referred to Rules Committee [HB2460 Detail]

Download: Illinois-2017-HB2460-Engrossed.html



HB2460 EngrossedLRB100 00313 SLF 10317 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 113-8 as follows:
6 (725 ILCS 5/113-8)
7 Sec. 113-8. Advisement concerning status as an alien.
8 (a) Before the acceptance of a plea of guilty, guilty but
9mentally ill, or nolo contendere to a misdemeanor or felony
10offense, the court shall give the following advisement to the
11defendant in open court:
12 "If you are not a citizen of the United States, you are
13hereby advised that conviction of the offense for which you
14have been charged may have the consequence consequences of
15deportation, exclusion from admission to the United States, or
16denial of naturalization under the laws of the United States.".
17 (b) If the defendant is arraigned on or after the effective
18date of this amendatory Act of the 100th General Assembly, and
19the court fails to advise the defendant as required by
20subsection (a) of this Section, and the defendant shows that
21conviction of the offense to which the defendant pleaded
22guilty, guilty but mentally ill, or nolo contendere may have
23the consequences for the defendant of deportation, exclusion

HB2460 Engrossed- 2 -LRB100 00313 SLF 10317 b
1from admission to the United States, or denial of
2naturalization under the laws of the United States, the court,
3upon the defendant's motion, shall vacate the judgment and
4permit the defendant to withdraw the plea of guilty, guilty but
5mentally ill, or nolo contendere and enter a plea of not
6guilty. The motion shall be filed within 2 years of the date of
7the defendant's conviction.
8(Source: P.A. 93-373, eff. 1-1-04.)
feedback